New Jersey DUI Attorney Rachel Kugel Explains Rights Regarding Portable Breath Screening Tests

New Jersey DUI Attorney Rachel Kugel Explains Rights Regarding Portable Breath Screening Tests

New Jersey DUI attorney Rachel Kugel ( of The Kugel Law Firm has recently released an enlightening article addressing the rights of New Jersey residents when confronted with a portable breath screening test during a DUI stop. The article sheds light on the legal nuances and potential consequences associated with these roadside assessments.

The article delves into the distinctions between the portable breath screening tests often used by law enforcement at the scene of a traffic stop and the more formal chemical tests conducted following an arrest. The New Jersey DUI attorney emphasizes that, unlike the latter, refusing the portable version does not carry the same legal penalties in New Jersey.

The New Jersey DUI attorney stresses the importance of understanding one’s rights when facing a portable breath screening test. “Individuals are not legally bound to take the roadside breathalyzer, known as a Portable Breath Test (PBT), and they can refuse it without the same penalties that come from refusing a chemical test at the station,” Kugel explains.

Kugel’s article points out that the results of a PBT are not admissible in a court of law to prove intoxication. However, the outcome can influence an officer’s decision to arrest for DUI, as it suggests probable cause if the BAC is over the legal limit. Refusal to participate in the PBT might not avoid an arrest, as police can cite other signs of impairment, but it does not lead to the immediate legal consequences of refusing a chemical test after arrest.

The article also highlights the critical role of an attorney in any DUI charge. “A seasoned attorney can scrutinize the circumstances of the stop and the administration of any tests, potentially uncovering procedural errors or rights violations that could strengthen the defense,” she notes.

Kugel’s article further distinguishes between the portable breath tests and the Standardized Field Sobriety Tests (SFSTs) endorsed by the National Highway Traffic and Safety Administration (NHTSA). While both are utilized to assess a driver’s sobriety, Kugel clarifies that PBTs are not subject to the same scientific scrutiny as SFSTs in court proceedings, such as Frye hearings.

The insightful analysis of New Jersey DUI laws provided by Kugel in her article can be an invaluable resource for anyone facing DUI charges. Understanding the difference in consequences between refusing a PBT and the mandatory chemical tests after arrest can significantly affect the outcome of a DUI case.

For those facing DUI charges in New Jersey, the support of a knowledgeable legal team is indispensable. The Kugel Law Firm stands ready to offer their legal knowledge to ensure that the rights of individuals are upheld throughout the legal process and that every avenue for defense is thoroughly explored.

About The Kugel Law Firm:

The Kugel Law Firm, located in New Jersey, is committed to serving individuals facing DUI and DWI charges. With a focus on personalized attention and a comprehensive understanding of DUI laws, the firm’s attorneys offer diligent and steadfast legal representation. The team at The Kugel Law Firm is dedicated to advocating for their clients and providing the necessary guidance to navigate the complexities of DUI allegations.


Youtube Video:


Email and website

Email: [email protected]


Media Contact
Company Name: The Kugel Law Firm
Contact Person: Rachel Kugel
Email: Send Email
Phone: (973) 854-0098
Address:1 Gateway Center # 2600
City: Newark
State: New Jersey 07102
Country: United States